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HomeMy WebLinkAboutResolution 6557CITY OF TROY CD RESOLUTION OF THE CITY COUNCIL N O . 655~ \kE S 1H4 A RESOLUTION DENYING A VARIANCE FROM ORONO MUNICIPAL CODE SECTION 78-1279 FILE NO. 15-3781 WHEREAS, Harry Yaffe and Belle Yaffe, a married couple, (hereinafter "Applicants") are the owners of the property located at 3185 Casco Circle within the City of Orono (hereinafter "City") and legally described as Lots 35 and the westerly % of Lot 34; and All of the land lying between above described property and the shore of Lake Minnetonka on the South, and between the Westerly line of said Lot 35 and the Easterly line of said Westerly Y of said lot 34 produced Southerly to said lake shore; all in Spring Park, Hennepin County, Minnesota (hereinafter "the Property"); and WHEREAS, the Applicants have made application to the City for a variance from Orono City Code Section 78-1279 to permit construction of a 7.5 foot portion of a new home lakeward of the average Lakeshore setback line; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on September 21, 2015, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, during the September 21, 2015 Planning Commission meeting, the Applicants requested approval of a modified plan in response to concerns voiced by the affected neighbor to move the home 1.5 feet further from the lake and allow a 6 foot encroachment lakeward of the average lakeshore setback line and a 1.5 foot encroacment into the 30 foot rear setback; and WHEREAS, on September 21, 2015, the Planning Commission voted to recommend approval of the modified request for an average lakeshore setback to permit a 6 foot portion of the lake side of the home to encroach lakeward of the average lakeshore setback line and a 1.5 foot encroachment into the required 30 foot rear setback. This motion failed with a 3 to 3 vote. No additional motions were made. WHEREAS, the Applicants presented a further modified application to the City Council at a meeting held on October 12, 2015 for consideration of an average lakeshore setback variance to allow a 6 foot encroachment lakeward of the average lakeshore setback line, no additional encroachments were requested; and Page 1 of 3 ``'1�T' RESOLUTION OF THE CITY COUNCIL NO_ 6551 WHEREAS, the City Council considered this application at two meetings on October 12 and October 26, 2015 including the findings and recommendations of the Planning Commission, reports by City staff, comments by the Applicants and the public, and the effect of the proposed variances on the health, safety and welfare of the community as well as the impact on properties in the vicinity; and NOW, THEREFORE, BE IT RESOLVED that the City Council hereby denies a variance from Orono City Code Section 78-1279 to permit construction of a home lakeward of the average lakeshore setback line based on the following findings of fact: 1) This application was reviewed as Zoning File #15-3781. 2) The Property is located in the LR -1C zoning district, where 0.5 acres (21,780 square feet) is the minimum lot area and 100 feet is the minimum lot width. The Property has approximately 21,530 square feet (0.49 acres) in area and has 91 feet in width at the 75 foot setback and 98 feet in width at the ordinary high water level (OHWL). 3) The average Lakeshore setback provision in the Ordinance protects the lake views of adjacent properties. The average lakeshore setback variance requested is not consistent with the general intent of the Ordinance. 4) The average lakeshore setback variance for construction of a portion of a new single family residence to encroach lakeward of the average lakeshore setback is inconsistent with the goals and policies contained within the 2000-2030 Orono Community Management Plan. 5) The Applicants have not established that there are practical difficulties. 6) The proposed home and the proposed encroachment lakeward of the average lakeshore setback are the result of design choices by the Applicants. 7) The requested variance to permit the 6 foot portion of the screen porch may adversely impact views of the lake currently enjoyed by the adjacent property owners. 8) The average lakeshore setback is defined by the principal structures on each adjacent lot, the Applicants have designed the lakeside of the home such to have a view of the lake past the outdoor fireplace chimney on the adjacent property. The Applicants will have a view of the lake over their Property. The granting of the variance is not necessary for the preservation and enjoyment of a substantial property right of the applicant. 9) The granting of the proposed variance will not in any way impair health, safety, comfort or Page 2 of 3 CITY OF d, RESOLUTION OF THE CITY COUNCIL NO. 6557 morals, or in any other respect be contrary to the intent of this chapter. Staff finds this criterion to be met. 10) The Applicants have opted for a new home design which encroaches lakeward of the average lakeshore setback. The Applicants have the option of designing a home to fit the required setbacks. The granting of the requested average lakeshore setback variance will merely serve as a convenience to the Applicants, and is not necessary to alleviate a practical difficulty. 11) The Property is subject to City Code Section 78-72 Lots of Record; lot area and lot width variances are not required so long as all other zoning provisions are met. Lots of Record in the Shoreland are limited to 25% hardcover. 12) The City Council finds that granting the average lakeshore setback variance would merely serve as a convenience to the Applicants, and that no practical difficulty exists to support the variance; approval of the variance is not necessary to preserve a substantial property right of the Applicants; and approval of these variances would not be in keeping with the spirit and intent of the Zoning Code or Comprehensive Plan of the City. 13) The City Council considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the Applicants and the public, and the effect of the proposed variances on the health, safety and welfare of the community as well as the impact on properties in the vicinity. Adopted by the Orono City Council on this 26th day of October, 2015. ATTEST: 21. -.. I - .), e Tiegs, ity CI Page 3 of 3 Lili Tod McMillan, Mayor